AGBs

General Terms and Conditions Kalm stay GmbH

1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS

These General Terms and Conditions apply to all contracts for the rental of apartments for accommodation concluded between Kalm Stay GmbH, Munich, and third parties (guest), as well as to all other services and deliveries provided by Kalm Stay (accommodation contract).
There are currently no affiliated companies of Kalm Stay, but Kalm Stay reserves the right to establish subsidiaries in the future, which will also be included in these GTC.

2. CONCLUSION OF CONTRACT

2.1 By making a reservation, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation confirmation from Kalm Stay. Through this acceptance of the reservation made by the guest, an accommodation contract is concluded between Kalm Stay and the guest.
2.2 Offers made by Kalm Stay with regard to available apartments are subject to change and non-binding. Kalm Stay may refuse to conclude an accommodation contract at its own discretion.
2.3 There is no entitlement to use of the accommodation service in a specific apartment. Kalm stay reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain dates.

3. CANCELLATION, NON-UTILIZATION OF SERVICES (NO SHOW)

3.1 A guaranteed reservation exists when the guest’s payment has been received. A guaranteed reservation can be canceled by the guest in accordance with the stated cancellation conditions (see below), stating the reservation number. Cancellation is not possible after the expiry of the cancellation deadlines and Kalm Stay retains the right to the agreed remuneration. There are no charges for bookings with a flexible cancellation policy, provided that the cancellation is made at least 48 hours before the agreed arrival date. For bookings without free cancellation options (“non-refundable”), 100% of the costs will be charged in the event of a cancellation or change.
3.2 For guaranteed reservations lasting several days, all subsequent nights will be canceled in the event of a no-show, including the second night. The guest is not entitled to the subsequent nights.
3.3 Kalm Stay reserves the right to cancel simple reservations at any time without prior payment.
3.4 For bookings that have not been booked directly via www.kalm-stay.com, the cancellation conditions of the respective third-party provider apply. Changes and cancelations must be made via the original booking site.
3.5 Kalm stay is entitled to withdraw from the accommodation contract without notice for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; the accommodation service is booked with misleading or false information about material facts, e.g. in the person of the guest or the purpose; kalm stay has reasonable grounds to believe that the use of the accommodation service may jeopardize the smooth running of the business, the security or the reputation of the accommodation or the building in public, without this being attributable to the building’s sphere of control or organization.
Kalm stay must inform the guest of the exercise of the right of withdrawal immediately in text form.

4. ACCOMMODATION PRICES & OTHER PRICES

4.1 The prices stated by Kalm Stay at the time the contract is concluded shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax, are not included and are charged separately.
4.2 Kalm Stay reserves the right to adjust the prices accordingly in the event of changes to tax, fee and levy rates.

5. TERMS OF PAYMENT & INVOICE

5.1 The price of the entire booked accommodation service must always be paid by the guest in advance. Valid means of payment are MasterCard, Visa Card, American Express, GiroPay, SofortÜberweisung – cash payments are excluded.
5.2 The guest agrees that an invoice will be made available as a download or by e-mail.
5.3 kalm stay reserves the right to debit the outstanding amounts from the means of payment deposited for any subsequent charges incurred as a result of additional services used or breaches of the General Terms and Conditions. The guest agrees that an invoice will be made available as a download or by e-mail in the regular case.

6. POSSIBILITIES FOR USE OF RESERVED APARTMENTS Stay

6.1 A reserved apartment is available to the guest from 3 p.m. on the day of arrival and until 11 a.m. on the day of departure. On request, a later check-out (late check-out) or earlier check-in (early check-in) can be agreed, but there is no contractual entitlement to this.
6.2 If kalm stay agrees to a late check-out, kalm stay is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the apartment. For departures after 2 p.m., the full daily price of the apartment will be charged.
6.3 There is no contractual entitlement to a late check-out.
On request and depending on availability, an earlier arrival (early check-in) can be agreed with kalm stay in advance. If kalm stay agrees to an early check-in, kalm stay is entitled to charge EUR 10.00 per hour or part thereof for the additional use of the apartment. There is no contractual entitlement to an early check-in.
6.4 The guest is obliged to inform kalm stay immediately and without being asked if the intended purpose of the stay – whether due to its political, religious or other character – is likely to cause public interest or prejudice the interests of kalm stay.
6.5 The guest undertakes to treat the apartment and its furnishings as carefully as possible and to avoid disturbing other guests, in particular to hand over the apartment to kalm stay in an orderly condition on the day of departure.

7. RESALE

The resale/rental and/or subletting of booked apartments is prohibited without the prior express written consent of kalm stay.
Any use of the apartment for purposes other than accommodation (illegal services, prostitution) is also expressly prohibited.

8. LIABILITY OF KALM STAY

8.1 Compensation for the breach of a material contractual obligation shall be limited to the foreseeable damage that typically occurs, unless injury to life, limb or health is involved. Material contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. The limitation of liability also does not apply to the User’s liability for damages resulting from an intentional or grossly negligent breach of duty by the User or from an intentional or grossly negligent breach of duty by its legal representatives or vicarious agents.
8.2 Should defects or faults occur in the services offered, kalm stay will immediately attempt to rectify these as soon as it becomes aware of them or the guest informs it of them. The guest is obliged to do everything reasonable to rectify the fault and minimize any damage. Furthermore, the guest must inform kalm stay in good time of the possibility of particularly high damage.
8.3 kalm stay’s liability for property brought into the hotel is governed by the statutory provisions. A claim for compensation expires if the guest does not notify kalm stay immediately after the loss, destruction or damage of the property brought in, unless the delayed notification has no negative impact on the clarification of the incident and the guest is not responsible for the delay. A separate written agreement is required for money, securities and valuable items with a value of more than EUR 800.
8.4 All claims against kalm stay shall generally become time-barred within one year of the statutory commencement of the limitation period, except in the case of claims for damages or claims for injury to life, limb or health and in the case of grossly negligent or intentional breaches of duty by kalm stay or breach of material contractual obligations.
8.5 kalm stay GmbH accepts no liability for lost property, except in the case of gross negligence or intent. Lost property will be returned on request for a processing fee of EUR 10.00. The accommodation provider will keep lost property for a period of four weeks. After 4 weeks, kalm stay may destroy the lost property or sell it to third parties. In the event of sale, kalm stay shall return the proceeds of the sale less its expenses to the guest if the guest can prove its ownership of the found and sold item beyond doubt.
8.6 kalm stay shall be liable to the guest for items brought in in accordance with the statutory provisions, up to a maximum of € 3,500 and for money, securities and valuables up to a maximum of € 800.
8.7 If a parking space is made available to the guest, this does not constitute a safekeeping agreement. kalm stay is not obliged to monitor the parking spaces. In the event of loss of or damage to motor vehicles or bicycles parked or maneuvered on the property or their contents, kalm stay shall only be liable in the event of its own intent or gross negligence in accordance with section 8.1. The guest is obliged to report any damage immediately, at the latest before leaving the parking garage. Kalm stay shall not be liable for damages for which others (guests) or other third parties are solely responsible.
8.8 Only undisputed, legally binding or synallagmatic claims may be offset against kalm stay’s remuneration.

9. PARTIES AND EVENTS

9.1 Noise must be avoided in the booked apartment, the communal areas and the surrounding area. Quiet hours must be observed from 10 p.m. to 6 a.m. (“quiet hours”), unless other times are specified in the house rules.
9.2 Parties and gatherings are prohibited in apartments and communal areas of kalm stay.
9.3 In the event of non-compliance, kalm stay has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue from an unreasonable re-letting of the apartment due to the incident, in the amount of EUR 500.00. The right to further compensation is not affected by this. The guest is entitled to prove that kalm stay has suffered less or no damage.
9.4 Decibel measurement sensors may be installed in the rooms of kalm stay.
These sensors do not record voices or conversations, but are used to detect volume and gatherings.
Sensors for decibel measurement can also be installed in common areas of kalm stay, such as corridors or other common areas, as well as active video surveillance, which records 24/7 and stores it in a cloud environment.
9.5 kalm stay is entitled to terminate an active booking with immediate effect and to expel guests from the hotel if it becomes aware of violations of points 9.1 and 9.2. There is no entitlement to a refund or partial refund in such cases. The guest shall be entitled to prove that kalm stay has suffered less or no damage. kalm stay reserves the right to use the services of a third party, such as a security service, to enforce its house rules.
Any costs incurred by the intervention of a third party shall be passed on to the guest.

10. DAMAGE AND INVENTORY REMOVAL

10.1 Should damage occur during the accommodation beyond the contractual use or if inventory is removed from the unit without authorization, kalm stay is entitled to compensation, which includes in particular the expenses for the elimination of the damage, including any loss of revenue resulting from the inability to rent the apartment, legal costs plus a processing fee of € 50 for such a case of damage. The guest is entitled to prove that kalm stay has suffered less or no damage.

11. PETS

11.1 Dogs – and only dogs – weighing up to 15 kilograms are permitted in the kalm stay units. They may be brought along with prior notification. The additional dog fee per night is €10.
Prior notification and payment must be made independently to kalm stay before check-in.
11.2 kalm stay is entitled to make further exceptions to the aforementioned principle. The guest has no claim to this. If a dog over 15 kilograms or another pet stays in a unit without permission, kalm stay will charge a flat rate of EUR 150.00 for a special cleaning fee.

Kalm stay is entitled to cancel an active booking with immediate effect and to expel guests from the hotel in the event of violations of point 1. There is no entitlement to a refund or partial refund in such cases. The guest has the option of proving that kalm stay has suffered less or no damage.

12. MAINTENANCE

12.1 By booking an apartment or a room from kalm stay, the guest undertakes to treat the apartment provided and the rooms, facilities and equipment intended for communal use with care and attention, to ensure adequate ventilation and heating and to avoid gross soiling. If there is soiling that goes beyond normal use during the guest’s stay or even after their departure, kalm stay has the right to charge the guest an additional cleaning fee of at least EUR 40.00 (depending on the condition of the unit). The guest has the right to prove that kalm stay has incurred less damage or no damage at all.
12.2 Furthermore, the guest undertakes to check the furnishings of the apartment and the rooms for completeness and suitability for use upon occupancy and to notify kalm stay immediately of any defects and complaints.
12.3 The guest is liable for all damage to the apartment provided to him, the furnishings and the rooms, facilities and equipment intended for communal use, which he or his visitors have culpably caused through use contrary to the contract and which is not attributable to normal wear and tear.
The guest must notify kalm stay immediately of any damage to the apartment provided.
12.4 For bookings of more than 7 nights, kalm stay is entitled to carry out weekly intermediate cleanings. The guest is obliged to grant the service provider commissioned by kalm stay or kalm stay employees access to the apartment for this purpose or to accept this.

13. INTERNET USE

13.1 kalm stay shall provide the Guest with Internet access within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out. Fault-free Internet access is therefore not included in the scope of services provided by kalm stay.
13.2 The guest may not misuse the Internet connection. Misuse is deemed to have occurred in the following cases in particular: Downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant content (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obliged to respect the copyrights, patent rights, name rights, trademark rights and personal rights of third parties during use. The guest shall indemnify kalm stay upon first request from all claims and claims for damages by third parties as well as from the costs of legal defense in a reasonable amount, which have been caused by an illegal use of the provided Internet connection by the guest or by third parties with the knowledge of the guest. This indemnification claim includes in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as violations of data protection law.
13.3 The guest is prohibited from passing on the access data for the Internet connection of kalm stay to third parties. This also applies to the publication of any access data. In the event of non-compliance, the guest shall be liable to kalm stay for all damages caused by the disclosure of the access data.
13.4 Furthermore, kalm stay reserves the right to block the guest’s Internet connection in the event of legal violations.

14 FINAL PROVISIONS

14.1 The place of performance and payment is the registered office of Kalm Stay GmbH in Munich. German law shall apply.
14.2 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid provision with a provision that is valid and comes closest to what the parties would have agreed at the time the contract was concluded if they had been aware of the invalidity.